• Title/Summary/Keyword: Lessee

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(A) Study on Contracting Parties' Obligations in International Leasing Agreements - Focus on Draft Common Frame of Reference(DCFR) - (국제리스계약상 당사자의 의무에 관한 소고 - DCFR(유럽계약법 공통참조기준 초안)을 중심으로 -)

  • Oh, Won Suk;Choi, Young Joo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.111-132
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    • 2014
  • This paper analyzed the obligations of the parties entering into an international leasing agreements, focusing on the Draft Common Frame of Reference (DCFR) Book IV, Part B. The lessor's obligations are as follows. i) The lessor must deliver goods to the lessee by the due date of delivery so that the lessee can use the goods on the starting date of the lease agreement. ii) The lessor must conform with the contract so that the goods meet the purpose of the contract at the start of the lease agreement and throughout the period of the lease agreement. iii) If the lessee returns the goods upon the termination of the lease agreement, the lessor must cooperate with the lessee. The lessee's obligations are as follows. i) The lessee must pay rent, which is the most critical obligation of the lessee. ii) The lessee must cooperate with the lessor so that the lessor can perform the obligation to deliver the goods and accept the goods of which the lessee shall take control. iii) The lessee shall perform fiduciary duties while it uses and makes profits from the goods, and when the lessor cannot take any measure to protect the object, the lessee must prevent damage. Further, if the lessor pays expenses that are not considered necessary expenses, the lessor may not be reimbursed and must accept the goods after delivery to preserve them. iv) The lessee must give notice to the lessor if there is a possibility that a third party can claim rights to goods or infringe upon the lessor's ownership while using the goods. v) At the end of the lease period, the lessee must return the goods to the lessor.

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Developing the Optimal Decision-Making Process through Preventive Maintenance Policy Based on the Reliability Threshold for Leased Equipment (대여장비의 신뢰도 기반 예방보전 정책을 통한 최적 의사결정 과정 개발)

  • Bae, Kiho;Lee, Juhyun;Park, Seonghwan;Ahn, Suneung
    • Journal of Applied Reliability
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    • v.17 no.3
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    • pp.246-255
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    • 2017
  • Purpose: This study proposes the optimal PM (preventive maintenance) policy of leased equipment for lessee's decision-making using two types of reliability condition. Methods: We consider reliability threshold based PM model. Equipment reliability is estimated and used as condition variable. The effect of repair for maintenance is imperfect and represented by age reduction factor. Results: We provide two PM policies. Policy 1 is focused on minimized total cost. This policy guarantees reliability threshold until last maintenance action. Policy 2 focus on maintaining reliability threshold during leased period. The proposed approach provides optimal reliability threshold under number of PM. Through result, we finally construct decision-making process for lessee using reliability threshold and end of reliability. Conclusion: This study provides two PM policy for lessee's decision-making. Through numerical example, we get a result of optimal reliability threshold, number of PM, optimum alternative under lessee's reliability condition.

A Study on Inhabitant's Mental and Residential Environment Improvement of Old Residential Area in Pohang (포항시 노후 주거지의 거주자 의식과 주거환경정비방향)

  • Kwon, Yong-Il;Han, Sang-Hoon
    • Journal of the Korean housing association
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    • v.22 no.1
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    • pp.75-84
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    • 2011
  • This study examines the characteristics and the degree of inhabitant's mental against to their residential environment which was developed within the boundary of Haedo Dong in Pohang City during the 1970s and the early of 1980s and currently designated as programed site for Urban Maintenance Project. Findings from the study are as follows; First, the numbers of household occupied by lessee were greater than the numbers of household occupied by homeowner. Second, most of the lessee was living in single family household. Third, although the degree of satisfaction for their residential environment was not so good in general perspectives the degree of satisfaction of the long term residents for their residential environment was slightly higher than the others. Fourth, the degree of satisfaction for their neighborhood was the most while the degree of satisfaction for public facilities such as parks was the least. Fifth, Urban maintenance project shall be proceeded to raise re-settlement ratio of residents, to enforce a business by steps, to lead positively participation of a resident and to enlarge role of administration.

Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

A Study on the Protecting of Personal Information in Offline Transactions : Focused on the Housing Lease Agreements (오프라인 거래에서 개인정보 보호방안 : 주택임대차계약을 중심으로)

  • Kim, HyoSeok;Park, Soon-Tai;Kim, Yong-Min
    • Journal of the Korea Institute of Information Security & Cryptology
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    • v.30 no.2
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    • pp.243-252
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    • 2020
  • Recently, the proportion of housing lease has been increasing to an overwhelming level in line with the increase of single-person households and the change in the form of housing. In the normal case, the use of rental-type housing is subject to a housing lease agreement through a licensed real estate agent. In the event of a transaction conclusion, licensed real estate agent shall issue a contract containing the personal information of the lessee, the renter, and the licensed real estate agent to the transaction party. In this case, it is necessary for the lessee to provide the contract to a third party. This paper analyzes relevant laws and regulations and the status of housing transactions, focusing on personal information processed between offline housing lease agreements. And when issuing a contract through IRTS, we propose a way to protect personal information by providing a third party in three forms: information Data Subject-based, Purpose of usage-based De-identification, and Certificate of Contract.

An Analysis of Aircraft Lessor Business Model Based on Financing Structure (항공기 리스사 자금조달 구조에 따른 사업모델 분석)

  • Jie Yong Park;Woon-Kyung Song
    • Journal of the Korean Society for Aviation and Aeronautics
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    • v.31 no.4
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    • pp.28-44
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    • 2023
  • This study investigates aircraft lessor business models by studying cases and interviewing experts to analyze investors and business strategies of aircraft lessor. The results confirm that there is a wide range of investors including institutional investors, financial institutions, insurance companies, corporations, and wealthy individuals for aircraft lessor. Aircraft lessors can be categorized based on its required rate of return (cost of capital) into bank-investing core, institutional investor-investing value-added, and hedge fund-investing opportunistic. Aircraft lessor decides leasing rate by aircraft purchasing price and lessee's credit rating. Core aircraft lessors invest in new aircrafts for new placement or sale-and-leaseback strategy requiring little technical risk in aircraft, value-added lessors invest in middle-aged aircrafts for re-leasing, opportunistic lessors invest in old aircrafts for freighter conversion or part-out strategy requiring high level of expertise. This study provides insights for future Korean aircraft lessor establishment and investment.

Analysis of Leasing Decision Determinants by the Store Size and Lend-Lease Perspectives for Mix-Used Shopping Mall Development (복합쇼핑몰 개발을 위한 매장규모 및 임대차 관점에 따른 임차인 입점결정요인에 관한 연구)

  • Park, Hyeyoon;Lee, Sangyoub
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.2
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    • pp.49-57
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    • 2017
  • This study intends to determine the decision making criteria of leasing in mix-used shopping mall, analyze the variation of their weight by store size inside mall and lend-lease perspective for lessor and lessee towards the identification of optimal leasing environment in mix-used shopping mall development. The decision making have been identified based on the number of prior literature review and expert consultation. And the AHP methodology and Fuzzy theory have been implemented to develop the weight for criteria based on experts survey. Research finding indicates that the 2 categories with 6 criteria and 24 sub-criteria have been determined. It is noteworthy that the large sized group would be located in both ends on main floor with their requested store size; middle sized group done over second floor with low rent by attracting with both competitive brands and key-tenants; small sized group done in both ends on main floor or on 2 to 3 floor connecting to main circulation. This should be examined in the planning stage of SPA lessee solicitation by the lessor in mix-used shopping mall development project.

Analysis of Value for Ownership Conversion in the Public Rental Housing REITs According to Real Option Scenarios Reflecting Macroeconomic Variables (거시경제변수를 반영한 실물옵션 시나리오별 공공임대주택리츠 분양전환 가치 분석)

  • XUAN, Meiyu;Jang, Mi Kyoung;QUAN, Junlong;Kim, JuHyong
    • Korean Journal of Construction Engineering and Management
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    • v.18 no.3
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    • pp.74-83
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    • 2017
  • The recently introduced public rental housing REITs was just different the business structure from the existing public rental housing system and the basic supply system is the same. So the ownership conversion for public house over 10 years rental duration is possible after half of the obligated rental duration according to the agreement between lessor and lessee. However rental business operators are likely to have a negative attitude to the early ownership conversion because of less expected profit. Thus, there is a need for an analysis of proper early ownership conversion moment that can achieve public purposes while ensuring the profitability of public rental housing REITs. In this study, the characteristics of the ownership conversion rights that can lessee to exercise considered to be options. Also the nature of 'REITs', 'public rental housing REITs' is considered to be affected by the macroeconomic variables. Thus, this study analyzed the value for ownership conversion in the public rental housing REITs according to real option scenarios reflecting macroeconomic variables. As a result, according to the change of the variation rate of the macroeconomic variables, it was found that with adjustable early ownership conversion time using the DCF(Discounted Cash Flow) model. Therefore, it is possible to ensure profitability of early ownership conversion by predicting the variation of variables.

Operation status of Agricultural Machinery Rental Service and its Improvement Plan (농업기계 임대사업 운영실태 및 개선방안)

  • Shin, Seung-Yeoub;Lee, Jung-Min;Kim, Yu-Yong;Noh, Jae-Seung
    • Journal of Korean Society of Rural Planning
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    • v.22 no.4
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    • pp.61-69
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    • 2016
  • In order to reduce the farmers' burden of purchasing agricultural machinery and address the shortage of farm workers, the government have been promoting agricultural machinery rental service since 2003. Despite of political purpose, the outcome of agricultural machinery rental service turned out to be adverse, high cost and low efficiency, by the pork barrel projects operated from some municipalities. Therefore, this study was aimed to improve the efficiency of agricultural machinery rental service by analyzing the operation status of agricultural machinery in local government. A questionnaire survey was conducted at 134 cities and counties in terms of rent type, management personnel, business budget, agricultural machinery ownership, rental performance, use rates, operational problems, and improvement plan. This study found that some agricultural machinery rental offices were only focused on the short-term rental service, which caused the increasing number of operating personnel, required facilities/equipment. The short-term rental service has a limitation for promoting the mechanization rate in dry-field farming. Therefore, it should be carried out along with the long-term rental service which a lessee maintains and manages agricultural machinery directly. Furthermore, the reasonable number of agricultural machinery based on regional circumstances should be considered to meet rental demand and collect the minimal rental fee for purchasing new agricultural machinery and replacing old ones.

The Improvement and Problem about Housing Lease Protection Act Article 9 in the Information Society (정보사회에 있어서 주택임대차보호법 제9조의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • Journal of Digital Convergence
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    • v.13 no.5
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    • pp.61-67
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    • 2015
  • In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.